WELLS FARGO BANK, N.A. v. BAYMACK

2017-05408, Index No. 712267/15.

176 A.D.3d 905 (2019)

107 N.Y.S.3d 870

2019 NY Slip Op 07315

Wells Fargo Bank, N.A., Respondent, v. Edward M. Baymack et al., Defendants, and Brandon Baymack, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 9, 2019.


Attorney(s) appearing for the Case

Mobilization for Justice, Inc., New York, NY ( Linda Jun and Christopher Fasano of counsel), for appellant.

Gross Polowy, LLC (Reed Smith, LLP, New York, NY [ Andrew B. Messite and Kerren B. Zinner ], of counsel), for respondent.

Mastro, J.P., Leventhal, Connolly and Iannacci, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendant Brandon Baymack which was to dismiss the complaint insofar as asserted against the defendant Edward M. Baymack, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

The plaintiff commenced this action to foreclose a mortgage against, among other...

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